Bill Text: IL HB4260 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends various Acts to make changes concerning references to specified racial and ethnic groups.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4260 Detail]

Download: Illinois-2019-HB4260-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4260 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
5 ILCS 410/10
5 ILCS 410/15
20 ILCS 105/3.10
20 ILCS 2310/2310-215 was 20 ILCS 2310/55.62
30 ILCS 575/2
30 ILCS 577/35-5
30 ILCS 785/5
70 ILCS 210/23.1 from Ch. 85, par. 1243.1
105 ILCS 5/34-18 from Ch. 122, par. 34-18
110 ILCS 205/9.16 from Ch. 144, par. 189.16
110 ILCS 925/3.07 from Ch. 144, par. 1503.07
110 ILCS 930/2 from Ch. 144, par. 2302
110 ILCS 947/50
110 ILCS 947/65.30
215 ILCS 5/500-50
305 ILCS 5/4-23
625 ILCS 5/11-212
720 ILCS 5/17-10.2 was 720 ILCS 5/17-29
775 ILCS 5/2-105 from Ch. 68, par. 2-105
Amends various Acts to make changes concerning references to specified racial and ethnic groups.
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A BILL FOR
HB4260 LRB101 16082 RJF 65445 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Employment Records Act is amended by
changing Sections 10 and 15 as follows:
(5 ILCS 410/10)
Sec. 10. Definitions. As used in this Act:
(a) "Agency work force" means those persons employed by a
State agency who are part of the State work force.
(b) "Contractual services employee" means a person
employed by the State, or a State supported institution of
higher education, under a written contract and paid by a State
system CO-2 voucher (or its administrative equivalent) whose
daily duties and responsibilities are directly or indirectly
supervised or managed by a person paid by a payroll warrant (or
its administrative equivalent) funded by State funds or pass
through funds.
(c) "Agency" or "State agency" means those entities
included in the definition of "State agencies" in the Illinois
State Auditing Act.
(d) "Minority" means a person who is any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South

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America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
(e) "Professional employee" means a person employed to
perform employment duties requiring academic training,
evidenced by a graduate or advanced degree from an accredited
institution of higher education, and who, in the performance of

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those employment duties, may only engage in active practice of
the academic training received when licensed or certified by
the State of Illinois.
(f) "State employee" means any person employed within the
State work force.
(g) "State work force" means all persons employed by the
State of Illinois as evidenced by:
(1) the total number of all payroll warrants (or their
administrative equivalent) issued by the Comptroller to
pay:
(i) persons subject to the Personnel Code; and
(ii) for the sole purpose of providing accurate
statistical information, all persons exempt from the
Personnel Code; and
(2) the total number of payroll warrants (or their
administrative equivalent) funded by State appropriation
which are issued by educational institutions governed by
the Board of Trustees of the University of Illinois, the
Board of Trustees of Southern Illinois University, the
Board of Governors of State Colleges and Universities, and
the Board of Regents; and
(3) the total number of contractual payroll system CO-2
vouchers (or their administrative equivalent) funded by
State revenues and issued by:
(i) the State Comptroller; and
(ii) the issuing agents of the educational

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institutions listed in subdivision (2) of this
subsection (g).
"State work force" does not, however, include persons holding
elective State office.
(Source: P.A. 97-396, eff. 1-1-12.)
(5 ILCS 410/15)
Sec. 15. Reported information.
(a) State agencies shall, if necessary, consult with the
Office of the Comptroller and the Governor's Office of
Management and Budget to confirm the accuracy of information
required by this Act. State agencies shall collect and maintain
information and publish reports including but not limited to
the following information arranged in the indicated
categories:
(i) the total number of persons employed by the agency
who are part of the State work force, as defined by this
Act, and the number and statistical percentage of women,
minorities, and persons with physical disabilities
employed within the agency work force;
(ii) the total number of persons employed within the
agency work force receiving levels of State remuneration
within incremental levels of $10,000, and the number and
statistical percentage of minorities, women, and persons
with physical disabilities in the agency work force
receiving levels of State remuneration within incremented

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levels of $10,000;
(iii) the number of open positions of employment or
advancement in the agency work force, reported on a fiscal
year basis;
(iv) the number and percentage of open positions of
employment or advancement in the agency work force filled
by minorities, women, and persons with physical
disabilities, reported on a fiscal year basis;
(v) the total number of persons employed within the
agency work force as professionals, and the number and
percentage of minorities, women, and persons with physical
disabilities employed within the agency work force as
professional employees; and
(vi) the total number of persons employed within the
agency work force as contractual service employees, and the
number and percentage of minorities, women, and persons
with physical disabilities employed within the agency work
force as contractual services employees.
(b) The numbers and percentages of minorities required to
be reported by this Section shall be identified by the
following categories:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the

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original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
Data concerning women shall be reported on a minority and
nonminority basis. The numbers and percentages of persons with
physical disabilities required to be reported under this
Section shall be identified by categories as male and female.
(c) To accomplish consistent and uniform classification
and collection of information from each State agency, and to
ensure full compliance and that all required information is

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provided, the Index Department of the Office of the Secretary
of State, in consultation with the Department of Human Rights,
the Department of Central Management Services, and the Office
of the Comptroller, shall develop appropriate forms to be used
by all State agencies subject to the reporting requirements of
this Act.
All State agencies shall make the reports required by this
Act using the forms developed under this subsection. The
reports must be certified and signed by an official of the
agency who is responsible for the information provided.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 10. The Illinois Act on the Aging is amended by
changing Section 3.10 as follows:
(20 ILCS 105/3.10)
Sec. 3.10. "Minority senior citizen" means any person 55
years of age or older for whom opportunities for employment and
participation in community life are unavailable or severely
limited and who is any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the

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Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
(Source: P.A. 97-396, eff. 1-1-12.)
Section 15. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-215 as follows:
(20 ILCS 2310/2310-215) (was 20 ILCS 2310/55.62)
Sec. 2310-215. Center for Minority Health Services.

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(a) The Department shall establish a Center for Minority
Health Services to advise the Department on matters pertaining
to the health needs of minority populations within the State.
(b) The Center shall have the following duties:
(1) To assist in the assessment of the health needs of
minority populations in the State.
(2) To recommend treatment methods and programs that
are sensitive and relevant to the unique linguistic,
cultural, and ethnic characteristics of minority
populations.
(3) To provide consultation, technical assistance,
training programs, and reference materials to service
providers, organizations, and other agencies.
(4) To promote awareness of minority health concerns,
and encourage, promote, and aid in the establishment of
minority services.
(5) To disseminate information on available minority
services.
(6) To provide adequate and effective opportunities
for minority populations to express their views on
Departmental policy development and program
implementation.
(7) To coordinate with the Department on Aging and the
Department of Healthcare and Family Services to coordinate
services designed to meet the needs of minority senior
citizens.

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(8) To promote awareness of the incidence of
Alzheimer's disease and related dementias among minority
populations and to encourage, promote, and aid in the
establishment of prevention and treatment programs and
services relating to this health problem.
(c) For the purpose of this Section, "minority" shall mean
and include any person or group of persons who are any of the
following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".

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(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
(Source: P.A. 97-396, eff. 1-1-12.)
Section 20. The Business Enterprise for Minorities, Women,
and Persons with Disabilities Act is amended by changing
Section 2 as follows:
(30 ILCS 575/2)
(Section scheduled to be repealed on June 30, 2024)
Sec. 2. Definitions.
(A) For the purpose of this Act, the following terms shall
have the following definitions:
(1) "Minority person" shall mean a person who is a
citizen or lawful permanent resident of the United States
and who is any of the following:
(a) American Indian or Alaska Native (a person
having origins in any of the original peoples of North
and South America, including Central America, and who
maintains tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or

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the Indian subcontinent, including, but not limited
to, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam).
(c) Black or African American (a person having
origins in any of the black racial groups of Africa).
Terms such as "Haitian" or "Negro" can be used in
addition to "Black or African American".
(c-5) Descendant of American Slaves (a person
having direct ancestral lineage to victims of chattel
slavery in the United States of America). Terms such as
"Black", "African American", or "American Descendant
of Slavery" can be used in addition to "Descendant of
American Slaves".
(d) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(2) "Woman" shall mean a person who is a citizen or
lawful permanent resident of the United States and who is
of the female gender.
(2.05) "Person with a disability" means a person who is
a citizen or lawful resident of the United States and is a
person qualifying as a person with a disability under

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subdivision (2.1) of this subsection (A).
(2.1) "Person with a disability" means a person with a
severe physical or mental disability that:
(a) results from:
amputation,
arthritis,
autism,
blindness,
burn injury,
cancer,
cerebral palsy,
Crohn's disease,
cystic fibrosis,
deafness,
head injury,
heart disease,
hemiplegia,
hemophilia,
respiratory or pulmonary dysfunction,
an intellectual disability,
mental illness,
multiple sclerosis,
muscular dystrophy,
musculoskeletal disorders,
neurological disorders, including stroke and
epilepsy,

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paraplegia,
quadriplegia and other spinal cord conditions,
sickle cell anemia,
ulcerative colitis,
specific learning disabilities, or
end stage renal failure disease; and
(b) substantially limits one or more of the
person's major life activities.
Another disability or combination of disabilities may
also be considered as a severe disability for the purposes
of item (a) of this subdivision (2.1) if it is determined
by an evaluation of rehabilitation potential to cause a
comparable degree of substantial functional limitation
similar to the specific list of disabilities listed in item
(a) of this subdivision (2.1).
(3) "Minority-owned business" means a business which
is at least 51% owned by one or more minority persons, or
in the case of a corporation, at least 51% of the stock in
which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who
own it.
(4) "Women-owned business" means a business which is at
least 51% owned by one or more women, or, in the case of a
corporation, at least 51% of the stock in which is owned by
one or more women; and the management and daily business

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operations of which are controlled by one or more of the
women who own it.
(4.1) "Business owned by a person with a disability"
means a business that is at least 51% owned by one or more
persons with a disability and the management and daily
business operations of which are controlled by one or more
of the persons with disabilities who own it. A
not-for-profit agency for persons with disabilities that
is exempt from taxation under Section 501 of the Internal
Revenue Code of 1986 is also considered a "business owned
by a person with a disability".
(4.2) "Council" means the Business Enterprise Council
for Minorities, Women, and Persons with Disabilities
created under Section 5 of this Act.
(5) "State contracts" means all contracts entered into
by the State, any agency or department thereof, or any
public institution of higher education, including
community college districts, regardless of the source of
the funds with which the contracts are paid, which are not
subject to federal reimbursement. "State contracts" does
not include contracts awarded by a retirement system,
pension fund, or investment board subject to Section
1-109.1 of the Illinois Pension Code. This definition shall
control over any existing definition under this Act or
applicable administrative rule.
"State construction contracts" means all State

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contracts entered into by a State agency or public
institution of higher education for the repair,
remodeling, renovation or construction of a building or
structure, or for the construction or maintenance of a
highway defined in Article 2 of the Illinois Highway Code.
(6) "State agencies" shall mean all departments,
officers, boards, commissions, institutions and bodies
politic and corporate of the State, but does not include
the Board of Trustees of the University of Illinois, the
Board of Trustees of Southern Illinois University, the
Board of Trustees of Chicago State University, the Board of
Trustees of Eastern Illinois University, the Board of
Trustees of Governors State University, the Board of
Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of
Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, municipalities or
other local governmental units, or other State
constitutional officers.
(7) "Public institutions of higher education" means
the University of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the public
community colleges of the State, and any other public

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universities, colleges, and community colleges now or
hereafter established or authorized by the General
Assembly.
(8) "Certification" means a determination made by the
Council or by one delegated authority from the Council to
make certifications, or by a State agency with statutory
authority to make such a certification, that a business
entity is a business owned by a minority, woman, or person
with a disability for whatever purpose. A business owned
and controlled by women shall be certified as a
"woman-owned business". A business owned and controlled by
women who are also minorities shall be certified as both a
"women-owned business" and a "minority-owned business".
(9) "Control" means the exclusive or ultimate and sole
control of the business including, but not limited to,
capital investment and all other financial matters,
property, acquisitions, contract negotiations, legal
matters, officer-director-employee selection and
comprehensive hiring, operating responsibilities,
cost-control matters, income and dividend matters,
financial transactions and rights of other shareholders or
joint partners. Control shall be real, substantial and
continuing, not pro forma. Control shall include the power
to direct or cause the direction of the management and
policies of the business and to make the day-to-day as well
as major decisions in matters of policy, management and

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operations. Control shall be exemplified by possessing the
requisite knowledge and expertise to run the particular
business and control shall not include simple majority or
absentee ownership.
(10) "Business" means a business that has annual gross
sales of less than $75,000,000 as evidenced by the federal
income tax return of the business. A firm with gross sales
in excess of this cap may apply to the Council for
certification for a particular contract if the firm can
demonstrate that the contract would have significant
impact on businesses owned by minorities, women, or persons
with disabilities as suppliers or subcontractors or in
employment of minorities, women, or persons with
disabilities.
(11) "Utilization plan" means a form and additional
documentations included in all bids or proposals that
demonstrates a vendor's proposed utilization of vendors
certified by the Business Enterprise Program to meet the
targeted goal. The utilization plan shall demonstrate that
the Vendor has either: (1) met the entire contract goal or
(2) requested a full or partial waiver and made good faith
efforts towards meeting the goal.
(12) "Business Enterprise Program" means the Business
Enterprise Program of the Department of Central Management
Services.
(B) When a business is owned at least 51% by any

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combination of minority persons, women, or persons with
disabilities, even though none of the 3 classes alone holds at
least a 51% interest, the ownership requirement for purposes of
this Act is considered to be met. The certification category
for the business is that of the class holding the largest
ownership interest in the business. If 2 or more classes have
equal ownership interests, the certification category shall be
determined by the business.
(Source: P.A. 99-143, eff. 7-27-15; 99-462, eff. 8-25-15;
99-642, eff. 7-28-16; 100-391, eff. 8-25-17.)
Section 25. The State Construction Minority and Female
Building Trades Act is amended by changing Section 35-5 as
follows:
(30 ILCS 577/35-5)
Sec. 35-5. Definitions. For the purposes of this Article:
"Under-represented minority" means a person who is any of
the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,

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Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
"Construction" means any constructing, altering,
reconstructing, repairing, rehabilitating, refinishing,
refurbishing, remodeling, remediating, renovating, custom
fabricating, maintenance, landscaping, improving, wrecking,
painting, decorating, demolishing, and adding to or
subtracting from any building, structure, highway, roadway,
street, bridge, alley, sewer, ditch, sewage disposal plant,
water works, parking facility, railroad, excavation or other
structure, project, development, real property or improvement,

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or to do any part thereof, whether or not the performance of
the work herein described involves the addition to, or
fabrication into, any structure, project, development, real
property or improvement herein described of any material or
article of merchandise. Construction shall also include moving
construction related materials on the job site to or from the
job site.
(Source: P.A. 96-37, eff. 7-13-09; 97-396, eff. 1-1-12.)
Section 30. The Inclusion of Women and Minorities in
Clinical Research Act is amended by changing Section 5 as
follows:
(30 ILCS 785/5)
Sec. 5. Definitions. In this Act:
"Grantee" means any qualified public, private, or
not-for-profit agency or individual, including, but not
limited to, a college, university, hospital, laboratory,
research institution, local health department, voluntary
health agency, health maintenance organization, corporation,
student, fellow, or entrepreneur, conducting clinical research
using State funds. A grantee may also be a corporation that is
headquartered in Illinois and that conducts research using
State funds.
"Minority group" means a group that is a readily
identifiable subset of the U.S. population that is

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distinguished by racial, ethnic, or cultural heritage and that
is made up of persons who are any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).

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"Project of clinical research" includes a clinical trial.
(Source: P.A. 97-396, eff. 1-1-12.)
Section 35. The Metropolitan Pier and Exposition Authority
Act is amended by changing Section 23.1 as follows:
(70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
Sec. 23.1. Affirmative action.
(a) The Authority shall, within 90 days after the effective
date of this amendatory Act of 1984, establish and maintain an
affirmative action program designed to promote equal
employment opportunity and eliminate the effects of past
discrimination. Such program shall include a plan, including
timetables where appropriate, which shall specify goals and
methods for increasing participation by women and minorities in
employment, including employment related to the planning,
organization, and staging of the games, by the Authority and by
parties which contract with the Authority. The Authority shall
submit a detailed plan with the General Assembly prior to
September 1 of each year. Such program shall also establish
procedures and sanctions, which the Authority shall enforce to
ensure compliance with the plan established pursuant to this
Section and with State and federal laws and regulations
relating to the employment of women and minorities. A
determination by the Authority as to whether a party to a
contract with the Authority has achieved the goals or employed

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the methods for increasing participation by women and
minorities shall be determined in accordance with the terms of
such contracts or the applicable provisions of rules and
regulations of the Authority existing at the time such contract
was executed, including any provisions for consideration of
good faith efforts at compliance which the Authority may
reasonably adopt.
(b) The Authority shall adopt and maintain minority-owned
and women-owned business enterprise procurement programs under
the affirmative action program described in subsection (a) for
any and all work, including all contracting related to the
planning, organization, and staging of the games, undertaken by
the Authority. That work shall include, but is not limited to,
the purchase of professional services, construction services,
supplies, materials, and equipment. The programs shall
establish goals of awarding not less than 25% of the annual
dollar value of all contracts, purchase orders, or other
agreements (collectively referred to as "contracts") to
minority-owned businesses and 5% of the annual dollar value of
all contracts to women-owned businesses. Without limiting the
generality of the foregoing, the programs shall require in
connection with the prequalification or consideration of
vendors for professional service contracts, construction
contracts, and contracts for supplies, materials, equipment,
and services that each proposer or bidder submit as part of his
or her proposal or bid a commitment detailing how he or she

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will expend 25% or more of the dollar value of his or her
contracts with one or more minority-owned businesses and 5% or
more of the dollar value with one or more women-owned
businesses. Bids or proposals that do not include such detailed
commitments are not responsive and shall be rejected unless the
Authority deems it appropriate to grant a waiver of these
requirements. In addition the Authority may, in connection with
the selection of providers of professional services, reserve
the right to select a minority-owned or women-owned business or
businesses to fulfill the commitment to minority and woman
business participation. The commitment to minority and woman
business participation may be met by the contractor or
professional service provider's status as a minority-owned or
women-owned business, by joint venture or by subcontracting a
portion of the work with or purchasing materials for the work
from one or more such businesses, or by any combination
thereof. Each contract shall require the contractor or provider
to submit a certified monthly report detailing the status of
that contractor or provider's compliance with the Authority's
minority-owned and women-owned business enterprise procurement
program. The Authority, after reviewing the monthly reports of
the contractors and providers, shall compile a comprehensive
report regarding compliance with this procurement program and
file it quarterly with the General Assembly. If, in connection
with a particular contract, the Authority determines that it is
impracticable or excessively costly to obtain minority-owned

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or women-owned businesses to perform sufficient work to fulfill
the commitment required by this subsection, the Authority shall
reduce or waive the commitment in the contract, as may be
appropriate. The Authority shall establish rules and
regulations setting forth the standards to be used in
determining whether or not a reduction or waiver is
appropriate. The terms "minority-owned business" and
"women-owned business" have the meanings given to those terms
in the Business Enterprise for Minorities, Women, and Persons
with Disabilities Act.
(c) The Authority shall adopt and maintain an affirmative
action program in connection with the hiring of minorities and
women on the Expansion Project and on any and all construction
projects, including all contracting related to the planning,
organization, and staging of the games, undertaken by the
Authority. The program shall be designed to promote equal
employment opportunity and shall specify the goals and methods
for increasing the participation of minorities and women in a
representative mix of job classifications required to perform
the respective contracts awarded by the Authority.
(d) In connection with the Expansion Project, the Authority
shall incorporate the following elements into its
minority-owned and women-owned business procurement programs
to the extent feasible: (1) a major contractors program that
permits minority-owned businesses and women-owned businesses
to bear significant responsibility and risk for a portion of

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the project; (2) a mentor/protege program that provides
financial, technical, managerial, equipment, and personnel
support to minority-owned businesses and women-owned
businesses; (3) an emerging firms program that includes
minority-owned businesses and women-owned businesses that
would not otherwise qualify for the project due to inexperience
or limited resources; (4) a small projects program that
includes participation by smaller minority-owned businesses
and women-owned businesses on jobs where the total dollar value
is $5,000,000 or less; and (5) a set-aside program that will
identify contracts requiring the expenditure of funds less than
$50,000 for bids to be submitted solely by minority-owned
businesses and women-owned businesses.
(e) The Authority is authorized to enter into agreements
with contractors' associations, labor unions, and the
contractors working on the Expansion Project to establish an
Apprenticeship Preparedness Training Program to provide for an
increase in the number of minority and women journeymen and
apprentices in the building trades and to enter into agreements
with Community College District 508 to provide readiness
training. The Authority is further authorized to enter into
contracts with public and private educational institutions and
persons in the hospitality industry to provide training for
employment in the hospitality industry.
(f) McCormick Place Advisory Board. There is created a
McCormick Place Advisory Board composed as follows: 2 members

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shall be appointed by the Mayor of Chicago; 2 members shall be
appointed by the Governor; 2 members shall be State Senators
appointed by the President of the Senate; 2 members shall be
State Senators appointed by the Minority Leader of the Senate;
2 members shall be State Representatives appointed by the
Speaker of the House of Representatives; and 2 members shall be
State Representatives appointed by the Minority Leader of the
House of Representatives. The terms of all previously appointed
members of the Advisory Board expire on the effective date of
this amendatory Act of the 92nd General Assembly. A State
Senator or State Representative member may appoint a designee
to serve on the McCormick Place Advisory Board in his or her
absence.
A "member of a minority group" shall mean a person who is a
citizen or lawful permanent resident of the United States and
who is any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins

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in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
Members of the McCormick Place Advisory Board shall serve
2-year terms and until their successors are appointed, except
members who serve as a result of their elected position whose
terms shall continue as long as they hold their designated
elected positions. Vacancies shall be filled by appointment for
the unexpired term in the same manner as original appointments
are made. The McCormick Place Advisory Board shall elect its
own chairperson.
Members of the McCormick Place Advisory Board shall serve
without compensation but, at the Authority's discretion, shall
be reimbursed for necessary expenses in connection with the
performance of their duties.

HB4260 - 30 - LRB101 16082 RJF 65445 b
The McCormick Place Advisory Board shall meet quarterly, or
as needed, shall produce any reports it deems necessary, and
shall:
(1) Work with the Authority on ways to improve the area
physically and economically;
(2) Work with the Authority regarding potential means
for providing increased economic opportunities to
minorities and women produced indirectly or directly from
the construction and operation of the Expansion Project;
(3) Work with the Authority to minimize any potential
impact on the area surrounding the McCormick Place
Expansion Project, including any impact on minority-owned
or women-owned businesses, resulting from the construction
and operation of the Expansion Project;
(4) Work with the Authority to find candidates for
building trades apprenticeships, for employment in the
hospitality industry, and to identify job training
programs;
(5) Work with the Authority to implement the provisions
of subsections (a) through (e) of this Section in the
construction of the Expansion Project, including the
Authority's goal of awarding not less than 25% and 5% of
the annual dollar value of contracts to minority-owned and
women-owned businesses, the outreach program for
minorities and women, and the mentor/protege program for
providing assistance to minority-owned and women-owned

HB4260 - 31 - LRB101 16082 RJF 65445 b
businesses.
(g) The Authority shall comply with subsection (e) of
Section 5-42 of the Olympic Games and Paralympic Games (2016)
Law. For purposes of this Section, the term "games" has the
meaning set forth in the Olympic Games and Paralympic Games
(2016) Law.
(Source: P.A. 100-391, eff. 8-25-17.)
Section 40. The School Code is amended by changing Section
34-18 as follows:
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall exercise
general supervision and jurisdiction over the public education
and the public school system of the city, and, except as
otherwise provided by this Article, shall have power:
1. To make suitable provision for the establishment and
maintenance throughout the year or for such portion thereof
as it may direct, not less than 9 months and in compliance
with Section 10-19.05, of schools of all grades and kinds,
including normal schools, high schools, night schools,
schools for defectives and delinquents, parental and
truant schools, schools for the blind, the deaf, and
persons with physical disabilities, schools or classes in
manual training, constructural and vocational teaching,
domestic arts, and physical culture, vocation and

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extension schools and lecture courses, and all other
educational courses and facilities, including
establishing, equipping, maintaining and operating
playgrounds and recreational programs, when such programs
are conducted in, adjacent to, or connected with any public
school under the general supervision and jurisdiction of
the board; provided that the calendar for the school term
and any changes must be submitted to and approved by the
State Board of Education before the calendar or changes may
take effect, and provided that in allocating funds from
year to year for the operation of all attendance centers
within the district, the board shall ensure that
supplemental general State aid or supplemental grant funds
are allocated and applied in accordance with Section 18-8,
18-8.05, or 18-8.15. To admit to such schools without
charge foreign exchange students who are participants in an
organized exchange student program which is authorized by
the board. The board shall permit all students to enroll in
apprenticeship programs in trade schools operated by the
board, whether those programs are union-sponsored or not.
No student shall be refused admission into or be excluded
from any course of instruction offered in the common
schools by reason of that student's sex. No student shall
be denied equal access to physical education and
interscholastic athletic programs supported from school
district funds or denied participation in comparable

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physical education and athletic programs solely by reason
of the student's sex. Equal access to programs supported
from school district funds and comparable programs will be
defined in rules promulgated by the State Board of
Education in consultation with the Illinois High School
Association. Notwithstanding any other provision of this
Article, neither the board of education nor any local
school council or other school official shall recommend
that children with disabilities be placed into regular
education classrooms unless those children with
disabilities are provided with supplementary services to
assist them so that they benefit from the regular classroom
instruction and are included on the teacher's regular
education class register;
2. To furnish lunches to pupils, to make a reasonable
charge therefor, and to use school funds for the payment of
such expenses as the board may determine are necessary in
conducting the school lunch program;
3. To co-operate with the circuit court;
4. To make arrangements with the public or quasi-public
libraries and museums for the use of their facilities by
teachers and pupils of the public schools;
5. To employ dentists and prescribe their duties for
the purpose of treating the pupils in the schools, but
accepting such treatment shall be optional with parents or
guardians;

HB4260 - 34 - LRB101 16082 RJF 65445 b
6. To grant the use of assembly halls and classrooms
when not otherwise needed, including light, heat, and
attendants, for free public lectures, concerts, and other
educational and social interests, free of charge, under
such provisions and control as the principal of the
affected attendance center may prescribe;
7. To apportion the pupils to the several schools;
provided that no pupil shall be excluded from or segregated
in any such school on account of his color, race, sex, or
nationality. The board shall take into consideration the
prevention of segregation and the elimination of
separation of children in public schools because of color,
race, sex, or nationality. Except that children may be
committed to or attend parental and social adjustment
schools established and maintained either for boys or girls
only. All records pertaining to the creation, alteration or
revision of attendance areas shall be open to the public.
Nothing herein shall limit the board's authority to
establish multi-area attendance centers or other student
assignment systems for desegregation purposes or
otherwise, and to apportion the pupils to the several
schools. Furthermore, beginning in school year 1994-95,
pursuant to a board plan adopted by October 1, 1993, the
board shall offer, commencing on a phased-in basis, the
opportunity for families within the school district to
apply for enrollment of their children in any attendance

HB4260 - 35 - LRB101 16082 RJF 65445 b
center within the school district which does not have
selective admission requirements approved by the board.
The appropriate geographical area in which such open
enrollment may be exercised shall be determined by the
board of education. Such children may be admitted to any
such attendance center on a space available basis after all
children residing within such attendance center's area
have been accommodated. If the number of applicants from
outside the attendance area exceed the space available,
then successful applicants shall be selected by lottery.
The board of education's open enrollment plan must include
provisions that allow low-income low income students to
have access to transportation needed to exercise school
choice. Open enrollment shall be in compliance with the
provisions of the Consent Decree and Desegregation Plan
cited in Section 34-1.01;
8. To approve programs and policies for providing
transportation services to students. Nothing herein shall
be construed to permit or empower the State Board of
Education to order, mandate, or require busing or other
transportation of pupils for the purpose of achieving
racial balance in any school;
9. Subject to the limitations in this Article, to
establish and approve system-wide curriculum objectives
and standards, including graduation standards, which
reflect the multi-cultural diversity in the city and are

HB4260 - 36 - LRB101 16082 RJF 65445 b
consistent with State law, provided that for all purposes
of this Article courses or proficiency in American Sign
Language shall be deemed to constitute courses or
proficiency in a foreign language; and to employ principals
and teachers, appointed as provided in this Article, and
fix their compensation. The board shall prepare such
reports related to minimal competency testing as may be
requested by the State Board of Education, and, in
addition, shall monitor and approve special education and
bilingual education programs and policies within the
district to ensure assure that appropriate services are
provided in accordance with applicable State and federal
laws to children requiring services and education in those
areas;
10. To employ non-teaching personnel or utilize
volunteer personnel for: (i) non-teaching duties not
requiring instructional judgment or evaluation of pupils,
including library duties; and (ii) supervising study
halls, long distance teaching reception areas used
incident to instructional programs transmitted by
electronic media such as computers, video, and audio,
detention and discipline areas, and school-sponsored
extracurricular activities. The board may further utilize
volunteer non-certificated personnel or employ
non-certificated personnel to assist in the instruction of
pupils under the immediate supervision of a teacher holding

HB4260 - 37 - LRB101 16082 RJF 65445 b
a valid certificate, directly engaged in teaching subject
matter or conducting activities; provided that the teacher
shall be continuously aware of the non-certificated
persons' activities and shall be able to control or modify
them. The general superintendent shall determine
qualifications of such personnel and shall prescribe rules
for determining the duties and activities to be assigned to
such personnel;
10.5. To utilize volunteer personnel from a regional
School Crisis Assistance Team (S.C.A.T.), created as part
of the Safe to Learn Program established pursuant to
Section 25 of the Illinois Violence Prevention Act of 1995,
to provide assistance to schools in times of violence or
other traumatic incidents within a school community by
providing crisis intervention services to lessen the
effects of emotional trauma on individuals and the
community; the School Crisis Assistance Team Steering
Committee shall determine the qualifications for
volunteers;
11. To provide television studio facilities in not to
exceed one school building and to provide programs for
educational purposes, provided, however, that the board
shall not construct, acquire, operate, or maintain a
television transmitter; to grant the use of its studio
facilities to a licensed television station located in the
school district; and to maintain and operate not to exceed

HB4260 - 38 - LRB101 16082 RJF 65445 b
one school radio transmitting station and provide programs
for educational purposes;
12. To offer, if deemed appropriate, outdoor education
courses, including field trips within the State of
Illinois, or adjacent states, and to use school educational
funds for the expense of the said outdoor educational
programs, whether within the school district or not;
13. During that period of the calendar year not
embraced within the regular school term, to provide and
conduct courses in subject matters normally embraced in the
program of the schools during the regular school term and
to give regular school credit for satisfactory completion
by the student of such courses as may be approved for
credit by the State Board of Education;
14. To insure against any loss or liability of the
board, the former School Board Nominating Commission,
Local School Councils, the Chicago Schools Academic
Accountability Council, or the former Subdistrict Councils
or of any member, officer, agent, or employee thereof,
resulting from alleged violations of civil rights arising
from incidents occurring on or after September 5, 1967 or
from the wrongful or negligent act or omission of any such
person whether occurring within or without the school
premises, provided the officer, agent, or employee was, at
the time of the alleged violation of civil rights or
wrongful act or omission, acting within the scope of his or

HB4260 - 39 - LRB101 16082 RJF 65445 b
her employment or under direction of the board, the former
School Board Nominating Commission, the Chicago Schools
Academic Accountability Council, Local School Councils, or
the former Subdistrict Councils; and to provide for or
participate in insurance plans for its officers and
employees, including, but not limited to, retirement
annuities, medical, surgical and hospitalization benefits
in such types and amounts as may be determined by the
board; provided, however, that the board shall contract for
such insurance only with an insurance company authorized to
do business in this State. Such insurance may include
provision for employees who rely on treatment by prayer or
spiritual means alone for healing, in accordance with the
tenets and practice of a recognized religious
denomination;
15. To contract with the corporate authorities of any
municipality or the county board of any county, as the case
may be, to provide for the regulation of traffic in parking
areas of property used for school purposes, in such manner
as is provided by Section 11-209 of the The Illinois
Vehicle Code, approved September 29, 1969, as amended;
16. (a) To provide, on an equal basis, access to a high
school campus and student directory information to the
official recruiting representatives of the armed forces of
Illinois and the United States for the purposes of
informing students of the educational and career

HB4260 - 40 - LRB101 16082 RJF 65445 b
opportunities available in the military if the board has
provided such access to persons or groups whose purpose is
to acquaint students with educational or occupational
opportunities available to them. The board is not required
to give greater notice regarding the right of access to
recruiting representatives than is given to other persons
and groups. In this paragraph 16, "directory information"
means a high school student's name, address, and telephone
number.
(b) If a student or his or her parent or guardian
submits a signed, written request to the high school before
the end of the student's sophomore year (or if the student
is a transfer student, by another time set by the high
school) that indicates that the student or his or her
parent or guardian does not want the student's directory
information to be provided to official recruiting
representatives under subsection (a) of this Section, the
high school may not provide access to the student's
directory information to these recruiting representatives.
The high school shall notify its students and their parents
or guardians of the provisions of this subsection (b).
(c) A high school may require official recruiting
representatives of the armed forces of Illinois and the
United States to pay a fee for copying and mailing a
student's directory information in an amount that is not
more than the actual costs incurred by the high school.

HB4260 - 41 - LRB101 16082 RJF 65445 b
(d) Information received by an official recruiting
representative under this Section may be used only to
provide information to students concerning educational and
career opportunities available in the military and may not
be released to a person who is not involved in recruiting
students for the armed forces of Illinois or the United
States;
17. (a) To sell or market any computer program
developed by an employee of the school district, provided
that such employee developed the computer program as a
direct result of his or her duties with the school district
or through the utilization of the school district resources
or facilities. The employee who developed the computer
program shall be entitled to share in the proceeds of such
sale or marketing of the computer program. The distribution
of such proceeds between the employee and the school
district shall be as agreed upon by the employee and the
school district, except that neither the employee nor the
school district may receive more than 90% of such proceeds.
The negotiation for an employee who is represented by an
exclusive bargaining representative may be conducted by
such bargaining representative at the employee's request.
(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed,
general purpose digital device capable of
automatically accepting data, processing data and

HB4260 - 42 - LRB101 16082 RJF 65445 b
supplying the results of the operation.
(2) "Computer program" means a series of coded
instructions or statements in a form acceptable to a
computer, which causes the computer to process data in
order to achieve a certain result.
(3) "Proceeds" means profits derived from the
marketing or sale of a product after deducting the
expenses of developing and marketing such product;
18. To delegate to the general superintendent of
schools, by resolution, the authority to approve contracts
and expenditures in amounts of $10,000 or less;
19. Upon the written request of an employee, to
withhold from the compensation of that employee any dues,
payments, or contributions payable by such employee to any
labor organization as defined in the Illinois Educational
Labor Relations Act. Under such arrangement, an amount
shall be withheld from each regular payroll period which is
equal to the pro rata share of the annual dues plus any
payments or contributions, and the board shall transmit
such withholdings to the specified labor organization
within 10 working days from the time of the withholding;
19a. Upon receipt of notice from the comptroller of a
municipality with a population of 500,000 or more, a county
with a population of 3,000,000 or more, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago

HB4260 - 43 - LRB101 16082 RJF 65445 b
Transit Authority, or a housing authority of a municipality
with a population of 500,000 or more that a debt is due and
owing the municipality, the county, the Cook County Forest
Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or the housing authority by an employee
of the Chicago Board of Education, to withhold, from the
compensation of that employee, the amount of the debt that
is due and owing and pay the amount withheld to the
municipality, the county, the Cook County Forest Preserve
District, the Chicago Park District, the Metropolitan
Water Reclamation District, the Chicago Transit Authority,
or the housing authority; provided, however, that the
amount deducted from any one salary or wage payment shall
not exceed 25% of the net amount of the payment. Before the
Board deducts any amount from any salary or wage of an
employee under this paragraph, the municipality, the
county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority shall certify that (i) the employee has been
afforded an opportunity for a hearing to dispute the debt
that is due and owing the municipality, the county, the
Cook County Forest Preserve District, the Chicago Park
District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, or the housing authority and

HB4260 - 44 - LRB101 16082 RJF 65445 b
(ii) the employee has received notice of a wage deduction
order and has been afforded an opportunity for a hearing to
object to the order. For purposes of this paragraph, "net
amount" means that part of the salary or wage payment
remaining after the deduction of any amounts required by
law to be deducted and "debt due and owing" means (i) a
specified sum of money owed to the municipality, the
county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority for services, work, or goods, after the period
granted for payment has expired, or (ii) a specified sum of
money owed to the municipality, the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or the housing authority pursuant to a
court order or order of an administrative hearing officer
after the exhaustion of, or the failure to exhaust,
judicial review;
20. The board is encouraged to employ a sufficient
number of certified school counselors to maintain a
student/counselor ratio of 250 to 1 by July 1, 1990. Each
counselor shall spend at least 75% of his work time in
direct contact with students and shall maintain a record of
such time;
21. To make available to students vocational and career

HB4260 - 45 - LRB101 16082 RJF 65445 b
counseling and to establish 5 special career counseling
days for students and parents. On these days
representatives of local businesses and industries shall
be invited to the school campus and shall inform students
of career opportunities available to them in the various
businesses and industries. Special consideration shall be
given to counseling minority students as to career
opportunities available to them in various fields. For the
purposes of this paragraph, minority student means a person
who is any of the following:
(a) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(c) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(c-5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",

HB4260 - 46 - LRB101 16082 RJF 65445 b
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".
(d) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
Counseling days shall not be in lieu of regular school
days;
22. To report to the State Board of Education the
annual student dropout rate and number of students who
graduate from, transfer from, or otherwise leave bilingual
programs;
23. Except as otherwise provided in the Abused and
Neglected Child Reporting Act or other applicable State or
federal law, to permit school officials to withhold, from
any person, information on the whereabouts of any child
removed from school premises when the child has been taken
into protective custody as a victim of suspected child
abuse. School officials shall direct such person to the
Department of Children and Family Services, or to the local
law enforcement agency, if appropriate;
24. To develop a policy, based on the current state of
existing school facilities, projected enrollment, and
efficient utilization of available resources, for capital

HB4260 - 47 - LRB101 16082 RJF 65445 b
improvement of schools and school buildings within the
district, addressing in that policy both the relative
priority for major repairs, renovations, and additions to
school facilities, and the advisability or necessity of
building new school facilities or closing existing schools
to meet current or projected demographic patterns within
the district;
25. To make available to the students in every high
school attendance center the ability to take all courses
necessary to comply with the Board of Higher Education's
college entrance criteria effective in 1993;
26. To encourage mid-career changes into the teaching
profession, whereby qualified professionals become
certified teachers, by allowing credit for professional
employment in related fields when determining point of
entry on the teacher pay scale;
27. To provide or contract out training programs for
administrative personnel and principals with revised or
expanded duties pursuant to this Code Act in order to
ensure assure they have the knowledge and skills to perform
their duties;
28. To establish a fund for the prioritized special
needs programs, and to allocate such funds and other lump
sum amounts to each attendance center in a manner
consistent with the provisions of part 4 of Section 34-2.3.
Nothing in this paragraph shall be construed to require any

HB4260 - 48 - LRB101 16082 RJF 65445 b
additional appropriations of State funds for this purpose;
29. (Blank);
30. Notwithstanding any other provision of this Act or
any other law to the contrary, to contract with third
parties for services otherwise performed by employees,
including those in a bargaining unit, and to layoff those
employees upon 14 days written notice to the affected
employees. Those contracts may be for a period not to
exceed 5 years and may be awarded on a system-wide basis.
The board may not operate more than 30 contract schools,
provided that the board may operate an additional 5
contract turnaround schools pursuant to item (5.5) of
subsection (d) of Section 34-8.3 of this Code, and the
governing bodies of contract schools are subject to the
Freedom of Information Act and Open Meetings Act;
31. To promulgate rules establishing procedures
governing the layoff or reduction in force of employees and
the recall of such employees, including, but not limited
to, criteria for such layoffs, reductions in force or
recall rights of such employees and the weight to be given
to any particular criterion. Such criteria shall take into
account factors, including, but not be limited to,
qualifications, certifications, experience, performance
ratings or evaluations, and any other factors relating to
an employee's job performance;
32. To develop a policy to prevent nepotism in the

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hiring of personnel or the selection of contractors;
33. (Blank); and
34. To establish a Labor Management Council to the
board comprised of representatives of the board, the chief
executive officer, and those labor organizations that are
the exclusive representatives of employees of the board and
to promulgate policies and procedures for the operation of
the Council.
The specifications of the powers herein granted are not to
be construed as exclusive, but the board shall also exercise
all other powers that they may be requisite or proper for the
maintenance and the development of a public school system, not
inconsistent with the other provisions of this Article or
provisions of this Code which apply to all school districts.
In addition to the powers herein granted and authorized to
be exercised by the board, it shall be the duty of the board to
review or to direct independent reviews of special education
expenditures and services. The board shall file a report of
such review with the General Assembly on or before May 1, 1990.
(Source: P.A. 100-465, eff. 8-31-17; 100-1046, eff. 8-23-18;
101-12, eff. 7-1-19; 101-88, eff. 1-1-20; revised 8-19-19.)
Section 45. The Board of Higher Education Act is amended by
changing Section 9.16 as follows:
(110 ILCS 205/9.16) (from Ch. 144, par. 189.16)

HB4260 - 50 - LRB101 16082 RJF 65445 b
Sec. 9.16. Underrepresentation of certain groups in higher
education. To require public institutions of higher education
to develop and implement methods and strategies to increase the
participation of minorities, women and individuals with
disabilities who are traditionally underrepresented in
education programs and activities. For the purpose of this
Section, minorities shall mean persons who are citizens of the
United States or lawful permanent resident aliens of the United
States and who are any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"

HB4260 - 51 - LRB101 16082 RJF 65445 b
can be used in addition to "Descendant of American Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
The Board shall adopt any rules necessary to administer
this Section. The Board shall also do the following:
(a) require all public institutions of higher education to
develop and submit plans for the implementation of this
Section;
(b) conduct periodic review of public institutions of
higher education to determine compliance with this Section; and
if the Board finds that a public institution of higher
education is not in compliance with this Section, it shall
notify the institution of steps to take to attain compliance;
(c) provide advice and counsel pursuant to this Section;
(d) conduct studies of the effectiveness of methods and
strategies designed to increase participation of students in
education programs and activities in which minorities, women
and individuals with disabilities are traditionally
underrepresented, and monitor the success of students in such
education programs and activities;
(e) encourage minority student recruitment and retention
in colleges and universities. In implementing this paragraph,

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the Board shall undertake but need not be limited to the
following: the establishment of guidelines and plans for public
institutions of higher education for minority student
recruitment and retention, the review and monitoring of
minority student programs implemented at public institutions
of higher education to determine their compliance with any
guidelines and plans so established, the determination of the
effectiveness and funding requirements of minority student
programs at public institutions of higher education, the
dissemination of successful programs as models, and the
encouragement of cooperative partnerships between community
colleges and local school attendance centers which are
experiencing difficulties in enrolling minority students in
four-year colleges and universities;
(f) mandate all public institutions of higher education to
submit data and information essential to determine compliance
with this Section. The Board shall prescribe the format and the
date for submission of this data and any other education equity
data; and
(g) report to the General Assembly and the Governor
annually with a description of the plans submitted by each
public institution of higher education for implementation of
this Section, including financial data relating to the most
recent fiscal year expenditures for specific minority
programs, the effectiveness of such plans and programs and the
effectiveness of the methods and strategies developed by the

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Board in meeting the purposes of this Section, the degree of
compliance with this Section by each public institution of
higher education as determined by the Board pursuant to its
periodic review responsibilities, and the findings made by the
Board in conducting its studies and monitoring student success
as required by paragraph d) of this Section. With respect to
each public institution of higher education such report also
shall include, but need not be limited to, information with
respect to each institution's minority program budget
allocations; minority student admission, retention and
graduation statistics; admission, retention, and graduation
statistics of all students who are the first in their immediate
family to attend an institution of higher education; number of
financial assistance awards to undergraduate and graduate
minority students; and minority faculty representation. This
paragraph shall not be construed to prohibit the Board from
making, preparing or issuing additional surveys or studies with
respect to minority education in Illinois.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 50. The Dental Student Grant Act is amended by
changing Section 3.07 as follows:
(110 ILCS 925/3.07) (from Ch. 144, par. 1503.07)
Sec. 3.07. "Racial minority" means a person who is any of
the following:

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(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
(Source: P.A. 97-396, eff. 1-1-12.)

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Section 55. The Diversifying Higher Education Faculty in
Illinois Act is amended by changing Section 2 as follows:
(110 ILCS 930/2) (from Ch. 144, par. 2302)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Board" means the Board of Higher Education.
"DFI" means the Diversifying Higher Education Faculty in
Illinois Program of financial assistance to minorities who are
traditionally underrepresented as participants in
postsecondary education. The program shall assist them in
pursuing a graduate or professional degree and shall also
assist program graduates to find employment at an Illinois
institution of higher education, including a community
college, in a faculty or staff position.
"Program Board" means the entity created to administer the
grant program authorized by this Act.
"Qualified institution of higher education" means a
qualifying publicly or privately operated educational
institution located within Illinois (i) that offers
instruction leading toward or prerequisite to an academic or
professional degree beyond the baccalaureate degree, excluding
theological schools, and (ii) that is authorized to operate in
the State of Illinois.
"Racial minority" means a person who is a citizen of the
United States or a lawful permanent resident alien of the

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United States and who is any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
(Source: P.A. 97-396, eff. 1-1-12.)

HB4260 - 57 - LRB101 16082 RJF 65445 b
Section 60. The Higher Education Student Assistance Act is
amended by changing Sections 50 and 65.30 as follows:
(110 ILCS 947/50)
Sec. 50. Minority Teachers of Illinois scholarship
program.
(a) As used in this Section:
"Eligible applicant" means a minority student who has
graduated from high school or has received a high school
equivalency certificate and has maintained a cumulative
grade point average of no less than 2.5 on a 4.0 scale, and
who by reason thereof is entitled to apply for scholarships
to be awarded under this Section.
"Minority student" means a student who is any of the
following:
(1) American Indian or Alaska Native (a person
having origins in any of the original peoples of North
and South America, including Central America, and who
maintains tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited
to, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam).

HB4260 - 58 - LRB101 16082 RJF 65445 b
(3) Black or African American (a person having
origins in any of the black racial groups of Africa).
Terms such as "Haitian" or "Negro" can be used in
addition to "Black or African American".
(3.5) Descendant of American Slaves (a person
having direct ancestral lineage to victims of chattel
slavery in the United States of America). Terms such as
"Black", "African American", or "American Descendant
of Slavery" can be used in addition to "Descendant of
American Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
"Qualified student" means a person (i) who is a
resident of this State and a citizen or permanent resident
of the United States; (ii) who is a minority student, as
defined in this Section; (iii) who, as an eligible
applicant, has made a timely application for a minority
teaching scholarship under this Section; (iv) who is
enrolled on at least a half-time basis at a qualified
Illinois institution of higher learning; (v) who is
enrolled in a course of study leading to teacher licensure,
including alternative teacher licensure, or, if the

HB4260 - 59 - LRB101 16082 RJF 65445 b
student is already licensed to teach, in a course of study
leading to an additional teaching endorsement or a master's
degree in an academic field in which he or she is teaching
or plans to teach; (vi) who maintains a grade point average
of no less than 2.5 on a 4.0 scale; and (vii) who continues
to advance satisfactorily toward the attainment of a
degree.
(b) In order to encourage academically talented Illinois
minority students to pursue teaching careers at the preschool
or elementary or secondary school level, each qualified student
shall be awarded a minority teacher scholarship to any
qualified Illinois institution of higher learning. However,
preference may be given to qualified applicants enrolled at or
above the junior level.
(c) Each minority teacher scholarship awarded under this
Section shall be in an amount sufficient to pay the tuition and
fees and room and board costs of the qualified Illinois
institution of higher learning at which the recipient is
enrolled, up to an annual maximum of $5,000; except that in the
case of a recipient who does not reside on-campus at the
institution at which he or she is enrolled, the amount of the
scholarship shall be sufficient to pay tuition and fee expenses
and a commuter allowance, up to an annual maximum of $5,000.
(d) The total amount of minority teacher scholarship
assistance awarded by the Commission under this Section to an
individual in any given fiscal year, when added to other

HB4260 - 60 - LRB101 16082 RJF 65445 b
financial assistance awarded to that individual for that year,
shall not exceed the cost of attendance at the institution at
which the student is enrolled. If the amount of minority
teacher scholarship to be awarded to a qualified student as
provided in subsection (c) of this Section exceeds the cost of
attendance at the institution at which the student is enrolled,
the minority teacher scholarship shall be reduced by an amount
equal to the amount by which the combined financial assistance
available to the student exceeds the cost of attendance.
(e) The maximum number of academic terms for which a
qualified student can receive minority teacher scholarship
assistance shall be 8 semesters or 12 quarters.
(f) In any academic year for which an eligible applicant
under this Section accepts financial assistance through the
Paul Douglas Teacher Scholarship Program, as authorized by
Section 551 et seq. of the Higher Education Act of 1965, the
applicant shall not be eligible for scholarship assistance
awarded under this Section.
(g) All applications for minority teacher scholarships to
be awarded under this Section shall be made to the Commission
on forms which the Commission shall provide for eligible
applicants. The form of applications and the information
required to be set forth therein shall be determined by the
Commission, and the Commission shall require eligible
applicants to submit with their applications such supporting
documents or recommendations as the Commission deems

HB4260 - 61 - LRB101 16082 RJF 65445 b
necessary.
(h) Subject to a separate appropriation for such purposes,
payment of any minority teacher scholarship awarded under this
Section shall be determined by the Commission. All scholarship
funds distributed in accordance with this subsection shall be
paid to the institution and used only for payment of the
tuition and fee and room and board expenses incurred by the
student in connection with his or her attendance at a qualified
Illinois institution of higher learning. Any minority teacher
scholarship awarded under this Section shall be applicable to 2
semesters or 3 quarters of enrollment. If a qualified student
withdraws from enrollment prior to completion of the first
semester or quarter for which the minority teacher scholarship
is applicable, the school shall refund to the Commission the
full amount of the minority teacher scholarship.
(i) The Commission shall administer the minority teacher
scholarship aid program established by this Section and shall
make all necessary and proper rules not inconsistent with this
Section for its effective implementation.
(j) When an appropriation to the Commission for a given
fiscal year is insufficient to provide scholarships to all
qualified students, the Commission shall allocate the
appropriation in accordance with this subsection. If funds are
insufficient to provide all qualified students with a
scholarship as authorized by this Section, the Commission shall
allocate the available scholarship funds for that fiscal year

HB4260 - 62 - LRB101 16082 RJF 65445 b
on the basis of the date the Commission receives a complete
application form.
(k) Notwithstanding the provisions of subsection (j) or any
other provision of this Section, at least 30% of the funds
appropriated for scholarships awarded under this Section in
each fiscal year shall be reserved for qualified male minority
applicants. If the Commission does not receive enough
applications from qualified male minorities on or before
January 1 of each fiscal year to award 30% of the funds
appropriated for these scholarships to qualified male minority
applicants, then the Commission may award a portion of the
reserved funds to qualified female minority applicants.
(l) Prior to receiving scholarship assistance for any
academic year, each recipient of a minority teacher scholarship
awarded under this Section shall be required by the Commission
to sign an agreement under which the recipient pledges that,
within the one-year period following the termination of the
program for which the recipient was awarded a minority teacher
scholarship, the recipient (i) shall begin teaching for a
period of not less than one year for each year of scholarship
assistance he or she was awarded under this Section; and (ii)
shall fulfill this teaching obligation at a nonprofit Illinois
public, private, or parochial preschool, elementary school, or
secondary school at which no less than 30% of the enrolled
students are minority students in the year during which the
recipient begins teaching at the school; and (iii) shall, upon

HB4260 - 63 - LRB101 16082 RJF 65445 b
request by the Commission, provide the Commission with evidence
that he or she is fulfilling or has fulfilled the terms of the
teaching agreement provided for in this subsection.
(m) If a recipient of a minority teacher scholarship
awarded under this Section fails to fulfill the teaching
obligation set forth in subsection (l) of this Section, the
Commission shall require the recipient to repay the amount of
the scholarships received, prorated according to the fraction
of the teaching obligation not completed, at a rate of interest
equal to 5%, and, if applicable, reasonable collection fees.
The Commission is authorized to establish rules relating to its
collection activities for repayment of scholarships under this
Section. All repayments collected under this Section shall be
forwarded to the State Comptroller for deposit into the State's
General Revenue Fund.
(n) A recipient of minority teacher scholarship shall not
be considered in violation of the agreement entered into
pursuant to subsection (l) if the recipient (i) enrolls on a
full time basis as a graduate student in a course of study
related to the field of teaching at a qualified Illinois
institution of higher learning; (ii) is serving, not in excess
of 3 years, as a member of the armed services of the United
States; (iii) is a person with a temporary total disability for
a period of time not to exceed 3 years as established by sworn
affidavit of a qualified physician; (iv) is seeking and unable
to find full time employment as a teacher at an Illinois

HB4260 - 64 - LRB101 16082 RJF 65445 b
public, private, or parochial preschool or elementary or
secondary school that satisfies the criteria set forth in
subsection (l) of this Section and is able to provide evidence
of that fact; (v) becomes a person with a permanent total
disability as established by sworn affidavit of a qualified
physician; (vi) is taking additional courses, on at least a
half-time basis, needed to obtain licensure as a teacher in
Illinois; or (vii) is fulfilling teaching requirements
associated with other programs administered by the Commission
and cannot concurrently fulfill them under this Section in a
period of time equal to the length of the teaching obligation.
(o) Scholarship recipients under this Section who withdraw
from a program of teacher education but remain enrolled in
school to continue their postsecondary studies in another
academic discipline shall not be required to commence repayment
of their Minority Teachers of Illinois scholarship so long as
they remain enrolled in school on a full-time basis or if they
can document for the Commission special circumstances that
warrant extension of repayment.
(Source: P.A. 99-143, eff. 7-27-15; 100-235, eff. 6-1-18.)
(110 ILCS 947/65.30)
Sec. 65.30. Equal opportunity scholarships.
(a) The Commission may annually award a number of
scholarships to students who are interested in pursuing studies
in educational administration. Such scholarships shall be

HB4260 - 65 - LRB101 16082 RJF 65445 b
issued to students who make application to the Commission and
who agree to take courses at qualified institutions of higher
learning that will allow them to complete a degree in
educational administration.
(b) Scholarships awarded under this Section shall be issued
pursuant to regulations promulgated by the Commission;
provided that no rule or regulation promulgated by the State
Board of Education prior to the effective date of this
amendatory Act of 1993 pursuant to the exercise of any right,
power, duty, responsibility or matter of pending business
transferred from the State Board of Education to the Commission
under this Section shall be affected thereby, and all such
rules and regulations shall become the rules and regulations of
the Commission until modified or changed by the Commission in
accordance with law.
(c) Such scholarships shall be utilized for the payment of
tuition and non-revenue bond fees at any qualified institution
of higher learning. Such tuition and fees shall only be
available for courses that will enable the student to complete
training in educational administration. The Commission shall
determine which courses are eligible for tuition payments under
this Section.
(d) The Commission may make tuition payments directly to
the qualified institution of higher learning which the student
attends for the courses prescribed or may make payments to the
student. Any student who receives payments and who fails to

HB4260 - 66 - LRB101 16082 RJF 65445 b
enroll in the courses prescribed shall refund the payments to
the Commission.
(e) The Commission, with the cooperation of the State Board
of Education, shall assist students who have participated in
the scholarship program established by this Section in finding
employment in positions relating to educational
administration.
(f) Appropriations for the scholarships outlined in this
Section shall be made to the Commission from funds appropriated
by the General Assembly.
(g) This Section is substantially the same as Section 30-4d
of the School Code, which Section is repealed by this
amendatory Act of 1993, and shall be construed as a
continuation of the equal opportunity scholarship program
established under that prior law, and not as a new or different
equal opportunity scholarship program. The State Board of
Education shall transfer to the Commission, as the successor to
the State Board of Education for all purposes of administering
and implementing the provisions of this Section, all books,
accounts, records, papers, documents, contracts, agreements,
and pending business in any way relating to the equal
opportunity scholarship program continued under this Section;
and all scholarships at any time awarded under that program by,
and all applications for any such scholarship at any time made
to, the State Board of Education shall be unaffected by the
transfer to the Commission of all responsibility for the

HB4260 - 67 - LRB101 16082 RJF 65445 b
administration and implementation of the equal opportunity
scholarship program continued under this Section. The State
Board of Education shall furnish to the Commission such other
information as the Commission may request to assist it in
administering this Section.
(h) For purposes of this Section:
(1) "Qualified institution of higher learning" means
the University of Illinois; Southern Illinois University;
Chicago State University; Eastern Illinois University;
Governors State University; Illinois State University;
Northeastern Illinois University; Northern Illinois
University; Western Illinois University; the public
community colleges of the State; any other public
universities, colleges and community colleges now or
hereafter established or authorized by the General
Assembly; and any Illinois privately operated, not for
profit institution located in this State which provides at
least an organized 2-year program of collegiate grade in
liberal arts or sciences, or both, directly applicable
toward the attainment of a baccalaureate or graduate
degree.
(2) "Racial minority" means a person who is any of the
following:
(1) American Indian or Alaska Native (a person
having origins in any of the original peoples of North
and South America, including Central America, and who

HB4260 - 68 - LRB101 16082 RJF 65445 b
maintains tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited
to, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam).
(3) Black or African American (a person having
origins in any of the black racial groups of Africa).
Terms such as "Haitian" or "Negro" can be used in
addition to "Black or African American".
(3.5) Descendant of American Slaves (a person
having direct ancestral lineage to victims of chattel
slavery in the United States of America). Terms such as
"Black", "African American", or "American Descendant
of Slavery" can be used in addition to "Descendant of
American Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(3) "Student" means a woman or racial minority.
(Source: P.A. 97-396, eff. 1-1-12.)

HB4260 - 69 - LRB101 16082 RJF 65445 b
Section 65. The Illinois Insurance Code is amended by
changing Section 500-50 as follows:
(215 ILCS 5/500-50)
(Section scheduled to be repealed on January 1, 2027)
Sec. 500-50. Insurance producers; examination statistics.
(a) The use of examinations for the purpose of determining
qualifications of persons to be licensed as insurance producers
has a direct and far-reaching effect on persons seeking those
licenses, on insurance companies, and on the public. It is in
the public interest and it will further the public welfare to
insure that examinations for licensing do not have the effect
of unlawfully discriminating against applicants for licensing
as insurance producers on the basis of race, color, national
origin, or sex.
(b) As used in this Section, the following words have the
meanings given in this subsection.
Examination. "Examination" means the examination in each
line of insurance administered pursuant to Section 500-30.
Examinee. "Examinee" means a person who takes an
examination.
Part. "Part" means a portion of an examination for which a
score is calculated.
Operational item. "Operational item" means a test question
considered in determining an examinee's score.
Test form. "Test form" means the test booklet or instrument

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used for a part of an examination.
Pretest item. "Pretest item" means a prospective test
question that is included in a test form in order to assess its
performance, but is not considered in determining an examinee's
score.
Minority group or examinees. "Minority group" or "minority
examinees" means examinees who are American Indian or Alaska
Native, Asian, Black or African American, Hispanic or Latino,
or Native Hawaiian or Other Pacific Islander.
Correct-answer rate. "Correct-answer rate" for an item
means the number of examinees who provided the correct answer
on an item divided by the number of examinees who answered the
item.
Correlation. "Correlation" means a statistical measure of
the relationship between performance on an item and performance
on a part of the examination.
(c) The Director shall ask each examinee to self-report on
a voluntary basis on the answer sheet, application form, or by
other appropriate means, the following information:
(1) race or ethnicity (American Indian or Alaska
Native, Asian, Black or African American, Hispanic or
Latino, Native Hawaiian or Other Pacific Islander, or
White);
(2) education (8th grade or less; less than 12th grade;
high school diploma or high school equivalency
certificate; some college, but no 4-year degree; or 4-year

HB4260 - 71 - LRB101 16082 RJF 65445 b
degree or more); and
(3) gender (male or female).
The Director must advise all examinees that they are not
required to provide this information, that they will not be
penalized for not doing so, and that the Director will use the
information provided exclusively for research and statistical
purposes and to improve the quality and fairness of the
examinations.
(d) No later than May 1 of each year, the Director must
prepare, publicly announce, and publish an Examination Report
of summary statistical information relating to each
examination administered during the preceding calendar year.
Each Examination Report shall show with respect to each
examination:
(1) For all examinees combined and separately by race
or ethnicity, by educational level, by gender, by
educational level within race or ethnicity, by education
level within gender, and by race or ethnicity within
gender:
(A) number of examinees;
(B) percentage and number of examinees who passed
each part;
(C) percentage and number of examinees who passed
all parts;
(D) mean scaled scores on each part; and
(E) standard deviation of scaled scores on each

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part.
(2) For male examinees, female examinees, Black or
African American examinees, white examinees, American
Indian or Alaska Native examinees, Asian examinees,
Hispanic or Latino examinees, and Native Hawaiian or Other
Pacific Islander, respectively, with a high school diploma
or high school equivalency certificate, the distribution
of scaled scores on each part.
No later than May 1 of each year, the Director must prepare
and make available on request an Item Report of summary
statistical information relating to each operational item on
each test form administered during the preceding calendar year.
The Item Report shall show, for each operational item, for all
examinees combined and separately for Black or African American
examinees, white examinees, American Indian or Alaska Native
examinees, Asian examinees, Hispanic or Latino examinees, and
Native Hawaiian or Other Pacific Islander, the correct-answer
rates and correlations.
The Director is not required to report separate statistical
information for any group or subgroup comprising fewer than 50
examinees.
(e) The Director must obtain a regular analysis of the data
collected under this Section, and any other relevant
information, for purposes of the development of new test forms.
The analysis shall continue the implementation of the item
selection methodology as recommended in the Final Report of the

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Illinois Insurance Producer's Licensing Examination Advisory
Committee dated November 19, 1991, and filed with the
Department unless some other methodology is determined by the
Director to be as effective in minimizing differences between
white and minority examinee pass-fail rates.
(f) The Director has the discretion to set cutoff scores
for the examinations, provided that scaled scores on test forms
administered after July 1, 1993, shall be made comparable to
scaled scores on test forms administered in 1991 by use of
professionally acceptable methods so as to minimize changes in
passing rates related to the presence or absence of or changes
in equating or scaling equations or methods or content
outlines. Each calendar year, the scaled cutoff score for each
part of each examination shall fluctuate by no more than the
standard error of measurement from the scaled cutoff score
employed during the preceding year.
(g) No later than May 1, 2003 and no later than May 1 of
every fourth year thereafter, the Director must release to the
public and make generally available one representative test
form and set of answer keys for each part of each examination.
(h) The Director must maintain, for a period of 3 years
after they are prepared or used, all registration forms, test
forms, answer sheets, operational items and pretest items, item
analyses, and other statistical analyses relating to the
examinations. All personal identifying information regarding
examinees and the content of test items must be maintained

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confidentially as necessary for purposes of protecting the
personal privacy of examinees and the maintenance of test
security.
(i) In administering the examinations, the Director must
make such accommodations for examinees with disabilities as are
reasonably warranted by the particular disability involved,
including the provision of additional time if necessary to
complete an examination or special assistance in taking an
examination.
(j) For the purposes of this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and
South America, including Central America, and who
maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa. Terms
such as "Haitian" or "Negro" can be used in addition to
"Black or African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",

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"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(6) "White" means a person having origins in any of the
original peoples of Europe, the Middle East, or North
Africa.
(Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15.)
Section 70. The Illinois Public Aid Code is amended by
changing Section 4-23 as follows:
(305 ILCS 5/4-23)
Sec. 4-23. Civil rights impact statement.
(a) The Department of Human Services must submit to the
Governor and the General Assembly on January 1 of each
even-numbered year a written report that details the disparate
impact of various provisions of the TANF program on people of
different racial or ethnic groups who identify themselves in an
application for benefits as any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South

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America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
(6) White (a person having origins in any of the
original peoples of Europe, the Middle East, or North
Africa).
(b) The report must at least compare the number of persons

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in each group:
(1) who are receiving TANF assistance;
(2) whose 60-month lifetime limit on receiving
assistance has expired;
(3) who have left TANF due to earned income;
(4) who have left TANF due to non-compliance with
program rules;
(5) whose TANF grants have been reduced by sanctions
for non-compliance with program rules;
(6) who have returned to TANF 6 months after leaving
due to earned income;
(7) who have returned to TANF 12 months after leaving
due to earned income;
(8) who have one or more children excluded from
receiving TANF cash assistance due to the child exclusion
rule;
(9) who have been granted an exemption from work
requirements; and
(10) who are participating in post-secondary education
activities.
(Source: P.A. 97-396, eff. 1-1-12.)
Section 75. The Illinois Vehicle Code is amended by
changing Section 11-212 as follows:
(625 ILCS 5/11-212)

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Sec. 11-212. Traffic and pedestrian stop statistical
study.
(a) Whenever a State or local law enforcement officer
issues a uniform traffic citation or warning citation for an
alleged violation of the Illinois Vehicle Code, he or she shall
record at least the following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person stopped;
the person's race shall be selected from the following
list: American Indian or Alaska Native, Asian, Black or
African American, Hispanic or Latino, Native Hawaiian or
Other Pacific Islander, or White;
(2) the alleged traffic violation that led to the stop
of the motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
vehicle was stopped and ending when the driver is free to
leave or taken into physical custody;
(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
to the stop was requested of the vehicle, driver,
passenger, or passengers; and, if so, whether consent was
given or denied;
(6) whether or not a search contemporaneous to the stop
was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by

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other means;
(6.2) whether or not a police dog performed a sniff of
the vehicle; and, if so, whether or not the dog alerted to
the presence of contraband; and, if so, whether or not an
officer searched the vehicle; and, if so, whether or not
contraband was discovered; and, if so, the type and amount
of contraband;
(6.5) whether or not contraband was found during a
search; and, if so, the type and amount of contraband
seized; and
(7) the name and badge number of the issuing officer.
(b) Whenever a State or local law enforcement officer stops
a motorist for an alleged violation of the Illinois Vehicle
Code and does not issue a uniform traffic citation or warning
citation for an alleged violation of the Illinois Vehicle Code,
he or she shall complete a uniform stop card, which includes
field contact cards, or any other existing form currently used
by law enforcement containing information required pursuant to
this Act, that records at least the following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person stopped;
the person's race shall be selected from the following
list: American Indian or Alaska Native, Asian, Black or
African American, Hispanic or Latino, Native Hawaiian or
Other Pacific Islander, or White;
(2) the reason that led to the stop of the motorist;

HB4260 - 80 - LRB101 16082 RJF 65445 b
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
vehicle was stopped and ending when the driver is free to
leave or taken into physical custody;
(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
to the stop was requested of the vehicle, driver,
passenger, or passengers; and, if so, whether consent was
given or denied;
(6) whether or not a search contemporaneous to the stop
was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means;
(6.2) whether or not a police dog performed a sniff of
the vehicle; and, if so, whether or not the dog alerted to
the presence of contraband; and, if so, whether or not an
officer searched the vehicle; and, if so, whether or not
contraband was discovered; and, if so, the type and amount
of contraband;
(6.5) whether or not contraband was found during a
search; and, if so, the type and amount of contraband
seized; and
(7) the name and badge number of the issuing officer.
(b-5) For purposes of this subsection (b-5), "detention"
means all frisks, searches, summons, and arrests. Whenever a
law enforcement officer subjects a pedestrian to detention in a

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public place, he or she shall complete a uniform pedestrian
stop card, which includes any existing form currently used by
law enforcement containing all the information required under
this Section, that records at least the following:
(1) the gender, and the officer's subjective
determination of the race of the person stopped; the
person's race shall be selected from the following list:
American Indian or Alaska Native, Asian, Black or African
American, Hispanic or Latino, Native Hawaiian or Other
Pacific Islander, or White;
(2) all the alleged reasons that led to the stop of the
person;
(3) the date and time of the stop;
(4) the location of the stop;
(5) whether or not a protective pat down or frisk was
conducted of the person; and, if so, all the alleged
reasons that led to the protective pat down or frisk, and
whether it was with consent or by other means;
(6) whether or not contraband was found during the
protective pat down or frisk; and, if so, the type and
amount of contraband seized;
(7) whether or not a search beyond a protective pat
down or frisk was conducted of the person or his or her
effects; and, if so, all the alleged reasons that led to
the search, and whether it was with consent or by other
means;

HB4260 - 82 - LRB101 16082 RJF 65445 b
(8) whether or not contraband was found during the
search beyond a protective pat down or frisk; and, if so,
the type and amount of contraband seized;
(9) the disposition of the stop, such as a warning, a
ticket, a summons, or an arrest;
(10) if a summons or ticket was issued, or an arrest
made, a record of the violations, offenses, or crimes
alleged or charged; and
(11) the name and badge number of the officer who
conducted the detention.
This subsection (b-5) does not apply to searches or
inspections for compliance authorized under the Fish and
Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
or searches or inspections during routine security screenings
at facilities or events.
(c) The Illinois Department of Transportation shall
provide a standardized law enforcement data compilation form on
its website.
(d) Every law enforcement agency shall, by March 1 with
regard to data collected during July through December of the
previous calendar year and by August 1 with regard to data
collected during January through June of the current calendar
year, compile the data described in subsections (a), (b), and
(b-5) on the standardized law enforcement data compilation form
provided by the Illinois Department of Transportation and
transmit the data to the Department.

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(e) The Illinois Department of Transportation shall
analyze the data provided by law enforcement agencies required
by this Section and submit a report of the previous year's
findings to the Governor, the General Assembly, the Racial
Profiling Prevention and Data Oversight Board, and each law
enforcement agency no later than July 1 of each year. The
Illinois Department of Transportation may contract with an
outside entity for the analysis of the data provided. In
analyzing the data collected under this Section, the analyzing
entity shall scrutinize the data for evidence of statistically
significant aberrations. The following list, which is
illustrative, and not exclusive, contains examples of areas in
which statistically significant aberrations may be found:
(1) The percentage of minority drivers, passengers, or
pedestrians being stopped in a given area is substantially
higher than the proportion of the overall population in or
traveling through the area that the minority constitutes.
(2) A substantial number of false stops including stops
not resulting in the issuance of a traffic ticket or the
making of an arrest.
(3) A disparity between the proportion of citations
issued to minorities and proportion of minorities in the
population.
(4) A disparity among the officers of the same law
enforcement agency with regard to the number of minority
drivers, passengers, or pedestrians being stopped in a

HB4260 - 84 - LRB101 16082 RJF 65445 b
given area.
(5) A disparity between the frequency of searches
performed on minority drivers or pedestrians and the
frequency of searches performed on non-minority drivers or
pedestrians.
(f) Any law enforcement officer identification information
and driver or pedestrian identification information that is
compiled by any law enforcement agency or the Illinois
Department of Transportation pursuant to this Act for the
purposes of fulfilling the requirements of this Section shall
be confidential and exempt from public inspection and copying,
as provided under Section 7 of the Freedom of Information Act,
and the information shall not be transmitted to anyone except
as needed to comply with this Section. This Section shall not
exempt those materials that, prior to the effective date of
this amendatory Act of the 93rd General Assembly, were
available under the Freedom of Information Act. This subsection
(f) shall not preclude law enforcement agencies from reviewing
data to perform internal reviews.
(g) Funding to implement this Section shall come from
federal highway safety funds available to Illinois, as directed
by the Governor.
(h) The Illinois Criminal Justice Information Authority,
in consultation with law enforcement agencies, officials, and
organizations, including Illinois chiefs of police, the
Department of State Police, the Illinois Sheriffs Association,

HB4260 - 85 - LRB101 16082 RJF 65445 b
and the Chicago Police Department, and community groups and
other experts, shall undertake a study to determine the best
use of technology to collect, compile, and analyze the traffic
stop statistical study data required by this Section. The
Department shall report its findings and recommendations to the
Governor and the General Assembly by March 1, 2022.
(h-1) The Traffic and Pedestrian Stop Data Use and
Collection Task Force is hereby created.
(1) The Task Force shall undertake a study to determine
the best use of technology to collect, compile, and analyze
the traffic stop statistical study data required by this
Section.
(2) The Task Force shall be an independent Task Force
under the Illinois Criminal Justice Information Authority
for administrative purposes, and shall consist of the
following members:
(A) 2 academics or researchers who have studied
issues related to traffic or pedestrian stop data
collection and have education or expertise in
statistics;
(B) one professor from an Illinois university who
specializes in policing and racial equity;
(C) one representative from the Illinois State
Police;
(D) one representative from the Chicago Police
Department;

HB4260 - 86 - LRB101 16082 RJF 65445 b
(E) one representative from the Illinois Chiefs of
Police;
(F) one representative from the Illinois Sheriffs
Association;
(G) one representative from the Chicago Fraternal
Order of Police;
(H) one representative from the Illinois Fraternal
Order of Police;
(I) the Executive Director of the American Civil
Liberties Union of Illinois, or his or her designee;
and
(J) 5 representatives from different community
organizations who specialize in civil or human rights,
policing, or criminal justice reform work, and that
represent a range of minority interests or different
parts of the State.
(3) The Illinois Criminal Justice Information
Authority may consult, contract, work in conjunction with,
and obtain any information from any individual, agency,
association, or research institution deemed appropriate by
the Authority.
(4) The Task Force shall report its findings and
recommendations to the Governor and the General Assembly by
March 1, 2022 and every 3 years after.
(h-5) For purposes of this Section:
(1) "American Indian or Alaska Native" means a person

HB4260 - 87 - LRB101 16082 RJF 65445 b
having origins in any of the original peoples of North and
South America, including Central America, and who
maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
(2.5) "Badge" means an officer's department issued
identification number associated with his or her position
as a police officer with that department.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa. Terms
such as "Haitian" or "Negro" can be used in addition to
"Black or African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.

HB4260 - 88 - LRB101 16082 RJF 65445 b
(6) "White" means a person having origins in any of the
original peoples of Europe, the Middle East, or North
Africa.
(i) (Blank).
(Source: P.A. 101-24, eff. 6-21-19.)
Section 80. The Criminal Code of 2012 is amended by
changing Section 17-10.2 as follows:
(720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29)
Sec. 17-10.2. Businesses owned by minorities, females, and
persons with disabilities; fraudulent contracts with
governmental units.
(a) In this Section:
"Minority person" means a person who is any of the
following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins

HB4260 - 89 - LRB101 16082 RJF 65445 b
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
"Female" means a person who is of the female gender.
"Person with a disability" means a person who is a
person qualifying as having a disability.
"Disability" means a severe physical or mental
disability that: (1) results from: amputation, arthritis,
autism, blindness, burn injury, cancer, cerebral palsy,
cystic fibrosis, deafness, head injury, heart disease,
hemiplegia, hemophilia, respiratory or pulmonary
dysfunction, an intellectual disability, mental illness,
multiple sclerosis, muscular dystrophy, musculoskeletal
disorders, neurological disorders, including stroke and
epilepsy, paraplegia, quadriplegia and other spinal cord

HB4260 - 90 - LRB101 16082 RJF 65445 b
conditions, sickle cell anemia, specific learning
disabilities, or end stage renal failure disease; and (2)
substantially limits one or more of the person's major life
activities.
"Minority owned business" means a business concern
that is at least 51% owned by one or more minority persons,
or in the case of a corporation, at least 51% of the stock
in which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who
own it.
"Female owned business" means a business concern that
is at least 51% owned by one or more females, or, in the
case of a corporation, at least 51% of the stock in which
is owned by one or more females; and the management and
daily business operations of which are controlled by one or
more of the females who own it.
"Business owned by a person with a disability" means a
business concern that is at least 51% owned by one or more
persons with a disability and the management and daily
business operations of which are controlled by one or more
of the persons with disabilities who own it. A
not-for-profit agency for persons with disabilities that
is exempt from taxation under Section 501 of the Internal
Revenue Code of 1986 is also considered a "business owned
by a person with a disability".

HB4260 - 91 - LRB101 16082 RJF 65445 b
"Governmental unit" means the State, a unit of local
government, or school district.
(b) In addition to any other penalties imposed by law or by
an ordinance or resolution of a unit of local government or
school district, any individual or entity that knowingly
obtains, or knowingly assists another to obtain, a contract
with a governmental unit, or a subcontract or written
commitment for a subcontract under a contract with a
governmental unit, by falsely representing that the individual
or entity, or the individual or entity assisted, is a minority
owned business, female owned business, or business owned by a
person with a disability is guilty of a Class 2 felony,
regardless of whether the preference for awarding the contract
to a minority owned business, female owned business, or
business owned by a person with a disability was established by
statute or by local ordinance or resolution.
(c) In addition to any other penalties authorized by law,
the court shall order that an individual or entity convicted of
a violation of this Section must pay to the governmental unit
that awarded the contract a penalty equal to one and one-half
times the amount of the contract obtained because of the false
representation.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 85. The Illinois Human Rights Act is amended by
changing Section 2-105 as follows:

HB4260 - 92 - LRB101 16082 RJF 65445 b
(775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
Sec. 2-105. Equal Employment Opportunities; Affirmative
Action.
(A) Public Contracts. Every party to a public contract and
every eligible bidder shall:
(1) Refrain from unlawful discrimination and
discrimination based on citizenship status in employment
and undertake affirmative action to assure equality of
employment opportunity and eliminate the effects of past
discrimination;
(2) Comply with the procedures and requirements of the
Department's regulations concerning equal employment
opportunities and affirmative action;
(3) Provide such information, with respect to its
employees and applicants for employment, and assistance as
the Department may reasonably request;
(4) Have written sexual harassment policies that shall
include, at a minimum, the following information: (i) the
illegality of sexual harassment; (ii) the definition of
sexual harassment under State law; (iii) a description of
sexual harassment, utilizing examples; (iv) the vendor's
internal complaint process including penalties; (v) the
legal recourse, investigative and complaint process
available through the Department and the Commission; (vi)
directions on how to contact the Department and Commission;

HB4260 - 93 - LRB101 16082 RJF 65445 b
and (vii) protection against retaliation as provided by
Section 6-101 of this Act. A copy of the policies shall be
provided to the Department upon request. Additionally,
each bidder who submits a bid or offer for a State contract
under the Illinois Procurement Code shall have a written
copy of the bidder's sexual harassment policy as required
under this paragraph (4). A copy of the policy shall be
provided to the State agency entering into the contract
upon request.
(B) State Agencies. Every State executive department,
State agency, board, commission, and instrumentality shall:
(1) Comply with the procedures and requirements of the
Department's regulations concerning equal employment
opportunities and affirmative action;
(2) Provide such information and assistance as the
Department may request.
(3) Establish, maintain, and carry out a continuing
affirmative action plan consistent with this Act and the
regulations of the Department designed to promote equal
opportunity for all State residents in every aspect of
agency personnel policy and practice. For purposes of these
affirmative action plans, the race and national origin
categories to be included in the plans are: American Indian
or Alaska Native, Asian, Black or African American,
Hispanic or Latino, Native Hawaiian or Other Pacific
Islander.

HB4260 - 94 - LRB101 16082 RJF 65445 b
This plan shall include a current detailed status
report:
(a) indicating, by each position in State service,
the number, percentage, and average salary of
individuals employed by race, national origin, sex and
disability, and any other category that the Department
may require by rule;
(b) identifying all positions in which the
percentage of the people employed by race, national
origin, sex and disability, and any other category that
the Department may require by rule, is less than
four-fifths of the percentage of each of those
components in the State work force;
(c) specifying the goals and methods for
increasing the percentage by race, national origin,
sex and disability, and any other category that the
Department may require by rule, in State positions;
(d) indicating progress and problems toward
meeting equal employment opportunity goals, including,
if applicable, but not limited to, Department of
Central Management Services recruitment efforts,
publicity, promotions, and use of options designating
positions by linguistic abilities;
(e) establishing a numerical hiring goal for the
employment of qualified persons with disabilities in
the agency as a whole, to be based on the proportion of

HB4260 - 95 - LRB101 16082 RJF 65445 b
people with work disabilities in the Illinois labor
force as reflected in the most recent employment data
made available by the United States Census Bureau.
(4) If the agency has 1000 or more employees, appoint a
full-time Equal Employment Opportunity officer, subject to
the Department's approval, whose duties shall include:
(a) Advising the head of the particular State
agency with respect to the preparation of equal
employment opportunity programs, procedures,
regulations, reports, and the agency's affirmative
action plan.
(b) Evaluating in writing each fiscal year the
sufficiency of the total agency program for equal
employment opportunity and reporting thereon to the
head of the agency with recommendations as to any
improvement or correction in recruiting, hiring or
promotion needed, including remedial or disciplinary
action with respect to managerial or supervisory
employees who have failed to cooperate fully or who are
in violation of the program.
(c) Making changes in recruitment, training and
promotion programs and in hiring and promotion
procedures designed to eliminate discriminatory
practices when authorized.
(d) Evaluating tests, employment policies,
practices and qualifications and reporting to the head

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of the agency and to the Department any policies,
practices and qualifications that have unequal impact
by race, national origin as required by Department
rule, sex or disability or any other category that the
Department may require by rule, and to assist in the
recruitment of people in underrepresented
classifications. This function shall be performed in
cooperation with the State Department of Central
Management Services.
(e) Making any aggrieved employee or applicant for
employment aware of his or her remedies under this Act.
In any meeting, investigation, negotiation,
conference, or other proceeding between a State
employee and an Equal Employment Opportunity officer,
a State employee (1) who is not covered by a collective
bargaining agreement and (2) who is the complaining
party or the subject of such proceeding may be
accompanied, advised and represented by (1) an
attorney licensed to practice law in the State of
Illinois or (2) a representative of an employee
organization whose membership is composed of employees
of the State and of which the employee is a member. A
representative of an employee, other than an attorney,
may observe but may not actively participate, or advise
the State employee during the course of such meeting,
investigation, negotiation, conference or other

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proceeding. Nothing in this Section shall be construed
to permit any person who is not licensed to practice
law in Illinois to deliver any legal services or
otherwise engage in any activities that would
constitute the unauthorized practice of law. Any
representative of an employee who is present with the
consent of the employee, shall not, during or after
termination of the relationship permitted by this
Section with the State employee, use or reveal any
information obtained during the course of the meeting,
investigation, negotiation, conference or other
proceeding without the consent of the complaining
party and any State employee who is the subject of the
proceeding and pursuant to rules and regulations
governing confidentiality of such information as
promulgated by the appropriate State agency.
Intentional or reckless disclosure of information in
violation of these confidentiality requirements shall
constitute a Class B misdemeanor.
(5) Establish, maintain and carry out a continuing
sexual harassment program that shall include the
following:
(a) Develop a written sexual harassment policy
that includes at a minimum the following information:
(i) the illegality of sexual harassment; (ii) the
definition of sexual harassment under State law; (iii)

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a description of sexual harassment, utilizing
examples; (iv) the agency's internal complaint process
including penalties; (v) the legal recourse,
investigative and complaint process available through
the Department and the Commission; (vi) directions on
how to contact the Department and Commission; and (vii)
protection against retaliation as provided by Section
6-101 of this Act. The policy shall be reviewed
annually.
(b) Post in a prominent and accessible location and
distribute in a manner to assure notice to all agency
employees without exception the agency's sexual
harassment policy. Such documents may meet, but shall
not exceed, the 6th grade literacy level. Distribution
shall be effectuated within 90 days of the effective
date of this amendatory Act of 1992 and shall occur
annually thereafter.
(c) Provide training on sexual harassment
prevention and the agency's sexual harassment policy
as a component of all ongoing or new employee training
programs.
(6) Notify the Department 30 days before effecting any
layoff. Once notice is given, the following shall occur:
(a) No layoff may be effective earlier than 10
working days after notice to the Department, unless an
emergency layoff situation exists.

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(b) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur must notify each employee targeted
for layoff, the employee's union representative (if
applicable), and the State Dislocated Worker Unit at
the Department of Commerce and Economic Opportunity.
(c) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur must conform to applicable
collective bargaining agreements.
(d) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur should notify each employee
targeted for layoff that transitional assistance may
be available to him or her under the Economic
Dislocation and Worker Adjustment Assistance Act
administered by the Department of Commerce and
Economic Opportunity. Failure to give such notice
shall not invalidate the layoff or postpone its
effective date.
As used in this subsection (B), "disability" shall be
defined in rules promulgated under the Illinois Administrative
Procedure Act.
(C) Civil Rights Violations. It is a civil rights violation
for any public contractor or eligible bidder to:
(1) fail to comply with the public contractor's or

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eligible bidder's duty to refrain from unlawful
discrimination and discrimination based on citizenship
status in employment under subsection (A)(1) of this
Section; or
(2) fail to comply with the public contractor's or
eligible bidder's duties of affirmative action under
subsection (A) of this Section, provided however, that the
Department has notified the public contractor or eligible
bidder in writing by certified mail that the public
contractor or eligible bidder may not be in compliance with
affirmative action requirements of subsection (A). A
minimum of 60 days to comply with the requirements shall be
afforded to the public contractor or eligible bidder before
the Department may issue formal notice of non-compliance.
(D) As used in this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and
South America, including Central America, and who
maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa. Terms

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such as "Haitian" or "Negro" can be used in addition to
"Black or African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American Slaves".
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19.)